Showing posts with label lakotah. Show all posts
Showing posts with label lakotah. Show all posts

Monday, May 10, 2010

US Aggression against Sacred Lakotah Lands

On December 29th, 1890, as the United States rounded up the last bands of Sioux Indians for confinement on the reservation, a small group of lightly armed natives fell victim to the Executive Ordered genocide of their people in a little known event called 'The Battle at Wounded Knee', or more popularly 'The Wounded Knee Masacre'. Wounded Knee was the United State's revenge for Custard at Little Big Horn, and an act of aggression that finally broke the backs, and the spirits, of the Lakota People, the Sioux. The US Army's 7th Cavalry, with orders to eliminate the native population of the plains and the Black Hills, committed acts of mass genocide, including hunting down fleeing women and children, often times leaving their corpses on the prairie to rot. On this particular day, the 7th Cavalry encircled the Sioux and unleashed hell with automatic style weapons until nearly half of the Sioux encampment was dead - a band who had already surrendered and who was in the process of disarming. An act of murder, an act of genocide, and an act of cowardice. The bodies of the men, women, and children were left exposed to the winter weather of the plains for some time and eventually placed into a mass grave - known now as the Wounded Knee Memorial on the Pine Ridge Sioux Reservation.

The aggression, unfortunately, has not subsided. After more than 100 years, many court battles, Supreme Court Rulings, and a current rise in education and activism by the Sioux, the tensions between the Lakotah and the US Military is still extremely high. Most recently the US Army sent a delegation from the 7th Cavalry to the Wounded Knee site, which was met with protest and 'Counting Coup' - an act of challenging your enemy by running up to him and tapping him before battle. Reference the following video:


There are many questions involving this occurrence. To begin, if the US Army intended to plan an arrival on the reservation, what purpose does it serve to send blackhawk helicopters - vehicles of war? What purpose was served by sending the 7th cavalry - the same group responsible for the massacre of the Sioux Population? What purpose was served by landing the helicopters on the burial site of the massacred Sioux - a most sacred and hallowed ground?

The answer is simple - In Obama's Inaugural speech he specifically stated that "The Lines of Tribes shall soon dissolve"... In America, there is only one group of people who define themselves as 'tribes' - those being the native peoples indigenous to this land.

Such an act of disrespect and aggression is on point with Obama's policy toward the tribes. The imagery was intentional - the warbirds of the 7th Cavalry returning home to their grounds of conquest, showing continued US Military dominance over the tribal peoples of the Lakotah. An attempted desecration of hallowed ground was no accident, rather a message that the people buried there deserve no respect from the US Government.

And so it goes across the land, where the few struggle to maintain their sovereignty and dignity, the federal government rushes in with force and intended imagery: We are everywhere, and we control you.

Battle on, brave Lakotah Warriors. Protect the land that is hallowed by the blood of your ancestors. Battle on for your people, for my people, and for the dark pages of American history that make slavery seem small potatoes. Maintain your culture, your land, and the pride of being Sioux.

Wednesday, September 9, 2009

Evil can only exist when good men do nothing...

On December 29th, 1890, evil existed in its most pure form as blood from innocent men, women, and children - all unarmed - were executed en-masse by the United State's Government via the US Army's 7th Cavalry at Wounded Knee. The US Army has the incident on record as "The Battle at Wounded Knee", but history has correctly recognized this as a massacre... a massacre in a long line of genocidal policy towards indigenous tribes and peoples of the American Continent.

For those of you who do not know about the Sioux wars, or the massacre at Wounded Knee, here is a short lesson:


In watching this version of the story, my heart sank as it often does during the retelling of the story... but my soul was crushed at 8:30 into the clip - the story of the old woman and the thirsty child... tears burst out of my eyes instantly as I pictured my little girl, and her simple thought that drinking would make the burning in her throat go away... so innocent.

These stories should be taught to all Americans... even the children... and with tears in their eyes they will ask you, as the adults - "why?"

It will be up to you to say, "because good men did nothing"

The west was won by evil, greed, murder, and genocide. There was no God-sent manifest destiny... We lied to ourselves, claiming that we were doing the work of God when we were doing nothing but conducting evil on a scale that would make Mao Zedong, Lenin, or Hitler blush. The west was not won - it was conquered by genocide.

Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.

Genocide is the single most wretched act of evil that humanity can embrace... and it is most important for us to talk about it... to ensure that it never happens again.

More importantly, the events at Wounded Knee Massacre led to the awarding of 20 Medals of Honor to US Army servicemen and scouts. It should be our struggle to force Congress to rescind the awarding of these 20 medals to accompany the already stated "regret" over the incident. Congress and the President should then disband the Bureau of Indian Affairs, and grant full autonomy to tribes over the lands established in treaties such as those at Fort Laramie - which under direction of the US Constitution, article 6, are supreme law of the land.

The time is at hand to make retribution for the wrongs our forefathers brought upon this land. It is time to make amends, to heal the hole in our collective hearts which has been left unhealed over the years, especially since acts like those at Wounded Knee. Our hearts have grown hard, stony, and evil. The hardest thing and the right thing are usually the same... so let us take the hardest thing in this nation to task - recognize in a meaningful way the errs of our past and right the wrongs in our lifetime.

The ghost dance can still be heard in the heart of the Sioux... listen carefully... what is beating in your heart?

Tuesday, September 8, 2009

Lakotah: Black Hills are Everything!

An article written by David Swallow, Jr. Traditional Lakota Spiritual Leader and a Head Man of the Lakota Nation

July 5, 2009 Porcupine, South Dakota

The white man calls me David Swallow, Jr. but my real name is Wowitan Yuha Mani. I am a TetohLakota of the Wa Naweg’a Band and I live on the Pine Ridge Indian Reservation in South Dakota.

This is the way my Grandpa Najutala told me, a long time ago. He was a teenager when the 1868 Treaty was signed. He’s gone now but this is how he told me about the sacred Black Hills.

The Black Hills used to be occupied by the Crow Tribe. That was way back, like in the 1700’s, even the 1600’s. Then, the Black Hills were taken by the Shahiyela (the Cheyenne). Then, the Lakota took them from the Cheyenne. Finally, the white man took them from the Lakota.

The Lakota look at the Black Hills as having spiritual power. All the Plains Tribes look at them that way. But the white man saw only the yellow rock called gold. They tried to make deals to get the land in the Treaties of 1825, 1851, 1868, and even the Bradley Bill of the 1980’s.

However, the only Treaty that should be recognized concerning the Black Hills is the Treaty of 1851. At that time, all the tribes signed this Treaty and they signed it in a holy way. The Lakota brought the Sacred White Buffalo Calf C’anunpa, the Cheyenne brought their 7 sacred arrows, and the Crow, Arikara, and other tribes brought their sacred bundles.

They all held ceremonies before they held the pen. They all agreed that no settlers should enter that sacred area, the Black Hills. The way that Treaty was written, this became a non-negotiable matter from that time on. No other Treaty would have the right to change that.

But the government and homesteaders, the settlers and prospectors kept invading the Black Hills.

As a result, the Federal Government renegotiated the terms and called it the Fort Laramie 1868 Treaty. This time, the original signers of the 1851 Treaty didn’t want to sign. Many were fighting. There were no sacred ceremonies done and only one sacred c’anunpa, only one sacred prayer pipe, was present.

The prospectors and homesteaders brought in whiskey to get many of the signers drunk so they would sign. My grandfather told me all about this. He saw it, personally. Mni wakan, sacred water, is what the Lakota called alcohol because it affected our people so strongly.

So this is how we lost the Black Hills.

Six years later, in 1874, General George Armstrong Custer took an expedition into the Black Hills which included a geologist and numerous miners. What they found immediately caused a major gold rush and the white settlers and miners began pouring into the Black Hills. The treaties were completely ignored.

In 1876, the Indian Appropriations Act demanded the Sioux give back the Black Hills or starve under siege. Then they ordered the destruction of all the buffalo herds. By 1889, the Federal Government had forced the Lakota into prisoner of war camps which they now call Reservations. According to government documents, Pine Ridge Indian Reservation is prisoner of war camp #344.

Around 1990, I rode 7 years with many young people to the Crazy Horse Monument. When we crossed our so-called homelands, we were stopped by the white landowners because we didn’t have their permission. One old homesteader showed us his deed showing where he had bought the land from the Federal Government. He told us that if we didn’t like it, we should go talk to the Federal Government who got it from the Louisiana Purchase.

So, we lost our Black Hills. Some said we sold them. If so, I believe somebody took the money without any of us Lakota, Dakota, Nakota, Cheyenne or Arikara knowing it. There is no money.

In 1980, the United States Supreme Court said the Black Hills did rightfully belong to the Lakota. They wanted to buy them from us but our People have refused that money. The sacred Black Hills are not for sale.

But that’s why the Bradley Bill was introduced in 1987 in Congress, to make it look good. It supposedly would have let us live in the Black Hills while the Federal Government could still mine, trespass, and do whatever they wanted. But even that was never approved.

So, saying the Black Hills are ours and belong to us are just hollow, empty words. If they are really ours, why can’t we live there? It’s only occupied by white people with land deeds.

We cannot even go to the Black Hills and exercise our spiritual ways. We are forbidden. We have to get permission from the Government and the BLM and then we have to follow their rules and regulations. But if we are a sovereign nation like they said, we would have our own jurisdiction (county-state-reservation).

If we do still own the Black Hills, we need a new treaty, to renegotiate a new treaty. All the other treaties were violated or abandoned, often with the approval of Congress, without us knowing about it. That’s not supposed to happen in nation to nation dealings.

We have a treaty council, a council of elders, all kinds of councils but none of them are effective. The government and state have kept us hungry and distracted with their projects which accomplish very little.

Every other foreign nation conquered by the United States has received huge efforts towards rehabilitation and rebuilding. Yet, while the U.S. cries about 20% unemployment, we have 80% unemployment. We remain isolated and have living conditions which are as bad as or worse than any “third world country.” Our life expectancy is only 48 years old for men and 52 years old for women.

We are the longest prisoners of war in the world’s history. It must change. We need to be set free so we can deal with our own people and our children and their children.

Unfortunately, most of our old people are in the spirit world. Today, our young people have no knowledge of the treaties, the massacre of Wounded Knee, the struggle of Wounded Knee 2, or our history. These are the reasons our culture is dying. No one remembers the language, culture, virtues, or spirituality. No one knows the real history.

But they need to know. If we are to survive, people need to understand. When we’re talking about the Black Hills, it’s not just the land that was lost but our way of life. It’s not just money. Money is the least important thing. We have lost our way of life.

When we talk about the Black Hills, it is about everything. That place is holy and sacred.

Ho he’cetu yelo, I have spoken these words.

David Swallow, Wowitan Yuha Mani

Porcupine, South Dakota - The Pine Ridge Indian Reservation

Edited by Stephanie M. Schwartz,
Member, Native American Journalists Association (NAJA)

Originally published at www.SilvrDrach.homestead.com/Schwartz_2009_Jul_05.html
This article may be reprinted, reproduced, and/or re-distributed unedited with proper attribution and sourcing for non-profit, educational, news, or archival purposes.

Friday, January 23, 2009

Russell Means, Lakotah, Explains Obama's "Final Solution"

Russell Means has created a video further explaining the trouble with a President using the precisely chosen words: "Dissolve the Lines of Tribes"... It is a hint at the "Final Solution" to the "Indian Problem" in America... Scary.

Tuesday, January 20, 2009

That is that... America has a New President - but, what did he say about tribes?

Listening to the Obama speech after his (late) inauguration, it is clear that he is a smooth talker - though evident that he heavily relies on the teleprompter... I listened very carefully to each and every word - and though I agreed with some and not with others - there was one comment in particular which should stand out as a warning to states, Indian tribes, and territories of America who pride themselves on their individual differences... Obama said:

"The lines of Tribe shall dissolve"

This is the fundamental problem with Obama and the Democrats - they believe that Central Government trumps State, Local, and Tribal governments... there is no lower level sovereignty - only cogs in the machine that make the federal government work.

Let me tell you why it is important that the line of tribe NOT dissolve.

* We are a nation of free individuals who CHOOSE to support a common goal - freedom, peace and prosperity.
* We are a nation who has a government - NOT a government who has a nation.
* We are a collective of individuals representing local differences - regional defining factors - specific needs and wants as a resident of our region and community - not a collective of drones.

The "melting pot" signifies the importance of commonalities as a nation, but it does not indicate the need to dissolve ties to regional needs, regional norms, regional values. To expect rural Kansas to accept the norms of San Francisco is absurd - though we should be able to come together in peace and debate our differences... THAT is the real intent of the government.


I would assume that Obama picked his words very carefully - so why would he specifically mention "tribes" if not for a warning to the Indian Nations that their differences will not be resolved under his administration - and almost as a threat that their nations will be dissolved, and the reservations - the last of the lands promised to their sovereign governments - will vanish like the rest of the once great nations that inhabited these lands.

Let us hope that his words are not "just words" - and that this is not an affront to the Indian Tribes of this land.

Thursday, January 8, 2009

Pursuit of Happiness

I have previously shared posts on Life, and on Liberty. Now to close out the series on the three explicitly defined rights, I feel compelled to share with you, first, a video from Fox News on the subject:



All the points shared by this commentator I tend to agree with - namely that Conservative Americans tend to lead happier lives. Our outlook on life in general is more optimistic, and we are more likely to give of ourselves. This is not a pat on the back - but the statistics from the video seem compelling.

But personally - what is the right of "the pursuit of happiness"?

In discussing this question with economic scholars, I have consistently heard that it is in reference to the pursuit of financial wealth and personal prosperity.

In discussing the question with religious friends, I have consistently heard that it is the freedom to worship openly without persecution.


The message being shared by the video is simple - there are constant truths, and those constants create an overwhelming sense of happiness or unhappiness. For instance - the ability and willingness to give freely to those in need - regardless of the individual, on the whole those who are able to give feel happier.

He also hinted at family. We all have family - and the betterment of the relation with our families is the most immediate source of happiness... there is nothing simpler than kindness in the home - a smile, an extra long hug... something that says "You are safe and loved"... Even with extended family - conduct some genealogical research and reach out to a distant cousin... you would be surprised at the truth in the Lakotah Phrase "Mitaku Oyasin" (We are all related)

Truly - happiness is what you make of life that fulfills your soul's yearning. Find it on a mountain top, or behind the counter of a soup kitchen... Happiness is giving more of yourself than you take in...

That is a right that no government can take from you.

Tuesday, December 16, 2008

Ken Salazar - New Reservation Dictator: Bad Choice for Natives in America!

Regular readers of this blog know that I often use this forum to discuss issues affecting Native Americans, Reservation Indians, and the status of the Lakotah Sioux struggle. As well, you should know that the Bureau of Indian Affairs is the non-elected government responsible for dictating land use laws, Reservation education, public moneys, law enforcement on tribes, etc... and the Dictator of the Reservations is none other than the Secretary of the Interior.

My initial reaction to a Salazar appointment was "What role will this play in Indian Relations?"

The Rocky Mountain News Commenter HopiMedicineMan had this to say:

This appointment will not go down well in the Indian community. Salazar bragged
a couple weeks ago his family was involved with the founding of Santa Fe in
1608. That means he’s associating himself with the genocidal Juan Martinez de
Montoya and Hernando Cortez. The Interior secretary is the dictator of the
reservations. And Salazar has shown he’s Mussolini in a cowboy hat, closing
77,000 acres of natural gas development. Indians want to drill on their lands.
Interior says, yeh or neh. Turning them down, as we expect from an ecomentalist,
would be seen as more genocide. It never ends. And it would have that effect,
fewer Indians going to college, fewer Chevy Silverados. Indian culture is
conservative. Salazar’s liberal pal, Phil Doe is attempting to acquire Ute water
rights in court. These rights would be used in the production of oil shale.
Liberals care about urban minorities, not Indians.
Phil Doe and Ute Water Rights - True. Phil Doe is associated with the Animas-La-Plata Project, near Durango, which is a plan to dam a river whose sole water rights belong to the Ute Indians based on a treaty dating back to 1868 - for the purpose of providing water to oil shale production in that part of the state. A search of the website for the project indicates that the project is being coordinated through the Ute tribes, and that artifacts in the valley to be flooded are being preserved at the Anasazi Heritage Center in Delores, CO. The Salazar family has a history of vested interest in this project. The project is nearly complete, and was dedicated in October of this year - in attendance was Ken Salazar. Currently, the project is in support of the Ute water rights, and will provide water to the Ute tribes and the Navajo tribes. Phil Doe has tried to question the Ute's water rights, but has been turned down and the treaties upheld... could this change under Salazar?

Salazar, a supporter of La Raza, seems more concerned with the blending of Mexico and the United States than preserving the cultures already existing within this land.

IndianZ.com posted the small amount of information regarding Salazar's past interaction with Indians in Colorado:

Salazar hasn't emerged as a major player on Indian issues since taking office.
But he has co-sponsored legislation like the National American Indian and Alaska
Native Heritage Month Act, the Indian Health Care Improvement Act, the Sand
Creek Massacre National Historic Site Trust Act, the Code Talkers bill and bills
to extend methamphetamine funding to tribes...

Salazar recently questioned the $2.5 billion coal power plant sought by
the Navajo Nation, citing concerns about the impact on the environment in
Colorado and New Mexico.
All signs point to the appointment of Salazar for reasons relating to Green Energy, and unrelated to Indian Affairs. In the cases where Indian Sovereignty was questioned over Environmental Issues, Salazar is against Native Sovereignty every time... making him a perfect fot for Obama's Environmental Machine, but absolutely WRONG for Department of Interior where Indian Affairs is concerned.

Though Obama has appointed a Rosebud Sioux to head his First Americans Public Liaison transition post, it appears that Indian Affairs is at the bottom of his list of priorities - and a Ken Salazar appointment is evident to that fact.

*******************************
update - the following letter was sent to Sen Salazar this afternoon. I will add any response:

Dear Sen. Salazar, and future Sec. of Interior -

I am a local political activist, blogger, and Indian Affairs activist. Let me start by congratulating you on your new post with the Obama administration, and directing a question regarding your new post.

In December 2007, Russell Means and a group of Lakotah Sioux, in their continued struggle to reclaim land promised to them through the 1851 and 1868 Fort Laramie Treaties, declared an intent to withdraw from said treaties. There was no official response from the Bush Administration - which is representative of the largely failed policies towards the Sioux. As the Secretary of the Interior, your position will oversee the Bureau of Indian Affairs, and will require attention to the situation on the Sioux reservations.

My question is this: What is your stance on Russell Means' declaration for a free and sovereign Laktoah Nation on the lands promised in the Laramie Treaties, and what is your position on the century old land battle over the Black Hills and other territories promised in the above noted treaties? As well, are you willing to support investment in Green Energy production in wind corridors on lands belonging to the Sioux, and under what liberties do you feel the Sioux should build/operate/and distribute this energy?

I appreciate your feedback on these issues. It is important to establish and continue comprehensive and constructive dialogue, and I look forward to having the opportunity to discuss these issues with you in the future.

Sincerely,

Steven M Nielson
Secretary, Douglas County Republican Party
Grassroots Activist for Indian Affairs
Blogger

Thursday, December 11, 2008

Treaty of Fort Laramie 1868

Lakotah Sioux Chief Red Cloud, fed up with the US policy of "treaties" to approve their agenda without living up to their end of the bargain, famously stated:
"I have listened patiently to the promises of the Great Father, but his memory is short. I am now done with him. This is all I have to say"

In 1866, the Sioux, under Red Cloud, promised resistance to US soldiers and miners in the Powder River Country of Wyoming, after failed negotiations by the US attempting to establish forts and settlements for gold mining in the area. The Sioux were fast to remember the US' failure to respect the previous Laramie Treaty of 1851, and the force of 1300 men brought to the Council tipped the US' hand that the current treaty had the intent of fortifying the Powder River area for permanent annexation by the United States.


The US fought against the Sioux in the Powder River Country for two years, who were attacking wood trains, supply lines, and over-running attack parties on a few occasions. In 1868, the US decided it was not feasible to run a railroad through the areas in conflict, and instead moved the transcontinental railroad south. In doing so, they reconvened another Council at Fort Laramie - this time Red Cloud refused to join the council until the forts in the Powder River Country were abandoned, which they were late in 1868... The US admitted defeat in the invasion of sovereign Sioux territory. The council led to the 1868 Fort Laramie Treaty, which established lasting peace on the "honour of the United States", boundaries of a Sioux nation state - described as the Great Sioux reservation, which set aside the Western half of current day South Dakota, with hunting grounds as shown in the map (the area currently claimed by Republic of Lakotah) - the full text is below.

The treaty allowed for citizenship, should certain Sioux decide to settle into agriculture - but allowed for the stipulation of continued sovereignty of Sioux land, including the Black Hills, with no settlement by whites. This treaty clearly defines land that belongs to a culture, a people, the Sioux. Based on the stipulations set forth by this treaty, the Sioux would operate their lands without interference by the United States Government - a sovereign nation (which all states originate as).

By 1872, President Grant was getting pressure to illegally harvest timber from the Black Hills for increased demand due to Western Settlements, and by 1873 word of Gold Reserves spread throughout the US, sparking an illegal gold rush in the Black Hills. The Custer Expedition was sent to protect the Black Hills from gold miners, until an order (as noted in the 1980 SCOTUS account of the events) from Grant to remove military protection in order to enrage the Indians into war - which the Sioux were ready to fight, stating that their removal would be only at their annihilation... an eerily prophetic claim. The US' attempts at persuading the Sioux to cede more land failed time and again - leading to the breaking of the treaty (unofficially) - or as the US put it "to whoop them [Sioux] into submission". This led to the Great Sioux War of 1876-1877, including Little Big Horn (Custer's Last Stand), and ending with the murder of Crazy Horse by the US.

In 1877, according to the 1980 SCOTUS, further land was taken by the Sioux in violation of the treaties - land including the Black Hills.


The final Sioux resistance occurred in 1890, when Congress broke the remaining Sioux Reservation to approximately the reservations in existence today. The further theft of the land sparked the Wounded Knee Massacre, the last major conflict between the Oglala Sioux and the US.

Based on the treaties signed, and the recognition of sovereign land ownership by the 1980 SCOTUS, there is a clear legal standing to sue for the return of, at least, the land specified as the Great Sioux Reservation - excluding the unceded hunting grounds. The Lakotah, in refusing the payment for land taken illegally under claim of eminent domain (as historically rejected by SCOTUS 1980), may have the standing to sue the US government for the western portion of South Dakota - in which they can live under sovereign powers.

Subsequent posts will emphasize the importance of the Republic of Lakotah, and why every Sioux and freedom loving libertarian should support this endeavor.

-----------------------------------------------------------------
FORT LARAMIE TREATY
APRIL 29, 1868

TREATY WITH THE SIOUX-- BRULÉ, OGLALA, MINICONJOU, YANKTONAIS, HUNKPAPA, BLACKFEET, CUTHEAD, TWO KETTLE, SANS ARCS, AND SANTEE--AND ARAPAHO

15 Stat., 635.
Ratified, Feb. 16, 1869.
Proclaimed, Feb. 24, 1869

Articles of a treaty made and concluded by and between Lieutenant-General William T. Sherman, General William S. Harney, General Alfred H. Terry, General C. C,. Augur, J. B. Henderson, Nathaniel G. Taylor, John B. Sanborn, and Samuel F. Tappan, duly appointed commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, by their chiefs and head-men, whose names are hereto subscribed, they being duly authorized to act in the premises.

ARTICLE 1. From this day forward all war between the parties to this agreement shall forever cease. The Government of the United States desires peace, and its honor is hereby pledged to keep it. The Indians desire peace, and they now pledge their honor to maintain it.

If bad men among the whites, or among other people subject to the authority of the United States, shall commit any wrong upon the person or property of the Indians, the United States will, upon proof made to the agent and forwarded to the Commissioner of Indian Affairs at Washington City, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also re-imburse the injured person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation upon the person or property of any one, white, black, or Indian, subject to the authority of the United States, and at peace therewith, the Indians herein named solemnly agree that they will, upon proof made to their agent and notice by him, deliver up the wrong-doer to the United States, to be tried and punished according to its laws; and in case they wilfully refuse so to do, the person injured shall be re-imbursed for his loss from the annuities or other moneys due or to become due to them under this or other treaties made with the United States. And the President, on advising with the Commissioner of Indian Affairs, shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as in his judgment may be proper. But no one sustaining loss while violating the provisions of this treaty or the laws of the United States shall be re-imbursed therefor.
ARTICLE 2. The United States agrees that the following district of country, to wit, viz: commencing on the east bank of the Missouri River where the forty-sixth parallel of north latitude crosses the same, thence along low-water mark down said east bank to a point opposite where the northern line of the State of Nebraska strikes the river, thence west across said river, and along the northern line of Nebraska to the one hundred and fourth degree of longitude west from Greenwich, thence north on said meridian to a point where the forty-sixth parallel of north latitude intercepts the same, thence due east along said parallel to the place of beginning; and in addition thereto, all existing reservations on the east bank of said river shall be, and the same is, set apart for the absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit amongst them; and the United States now solemnly agrees that no persons except those herein designated and authorized so to do, and except such officers, agents, and employes of the Government as may be authorized to enter upon Indian reservations in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation for the use of said Indians, and henceforth they will and do hereby relinquish all claims or right in and to any portion of the United States or Territories, except such as is embraced within the limits aforesaid, and except as hereinafter provided.
ARTICLE 3. If it should appear from actual survey or other satisfactory examination of said tract of land that it contains less than one hundred and sixty acres of tillable land for each person who, at the time, may be authorized to reside on it under the provisions of this treaty, and a very considerable number of such persons shall be disposed to commence cultivating the soil as farmers, the United States agrees to set apart, for the use of said Indians, as herein provided, such additional quantity of arable land, adjoining to said reservation, or as near to the same as it can be obtained, as may be required to provide the necessary amount.
ARTICLE 4. The United States agrees, at its own proper expense, to construct at some place on the Missouri River, near the center of said reservation, where timber and water may be convenient, the following buildings, to wit: a warehouse, a store-room for the use of the agent in storing goods belonging to the Indians, to cost not less than twenty-five hundred dollars; an agency-building for the residence of the agent, to cost not exceeding three thousand dollars; a residence for the physician, to cost not more than three thousand dollars; and five other buildings, for a carpenter, farmer, blacksmith, miller, and engineer, each to cost not exceeding two thousand dollars; also a schoolhouse or mission-building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding five thousand dollars.
The United States agrees further to cause to be erected on said reservation, near the other buildings herein authorized, a good steam circular-saw mill, with a grist-mill and shingle-machine attached to the same, to cost not exceeding eight thousand dollars.
ARTICLE 5. The United States agrees that the agent for said Indians shall in the future make his home at the agency-building; that he shall reside among them, and keep an office open at all times for the purpose of prompt and diligent inquiry into such matters of complaint by and against the Indians as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge of other duties enjoined on him by law. In all cases of depredation on person or property he shall cause the evidence to be taken in writing and forwarded, together with his findings, to the Commissioner of Indian Affairs, whose decision, subject to the revision of the Secretary of the Interior, shall be binding on the parties to this treaty.
ARTICLE 6. If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family, shall desire to commence farming, he shall have the privilege to select, in the presence and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and recorded in the "land-book," as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family, so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of cultivation, a quantity of land not exceeding eighty acres in extent, and thereupon be entitled to the exclusive possession of the same as above directed.
For each tract of land so selected a certificate, containing a description thereof and the name of the person selecting it, with a certificate endorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Sioux Land-Book."
The President may, at any time, order a survey of the reservation, and, when so surveyed, Congress shall provide for protecting the rights of said settlers in their improvements, and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property between the Indians and their descendants as may be thought proper. And it is further stipulated that any male Indians, over eighteen years of age, of any band or tribe that is or shall hereafter become a party to this treaty, who now is or who shall hereafter become a resident or occupant of any reservation or Territory not included in the tract of country designated and described in this treaty for the permanent home of the Indians, which is not mineral land, nor reserved by the United States for special purposes other than Indian occupation, and who shall have made improvements thereon of the value of two hundred dollars or more, and continuously occupied the same as a homestead for the term of three years, shall be entitled to receive from the United States a patent for one hundred and sixty acres of land including his said improve-meats, the same to be in the form of the legal subdivisions of the surveys of the public lands. Upon application in writing, sustained by the proof of two disinterested witnesses, made to the register of the local land-office when the land sought to be entered is within a land district, and when the tract sought to be entered is not in any land district, then upon said application and proof being made to the Commissioner of the General Land-Office, and the right of such Indian or Indians to enter such tract or tracts of land shall accrue and be perfect from the date of his first improvements thereon, and shall continue as long as he continues his residence and improvements, and no longer'. And any Indian or Indians receiving a patent for land under the foregoing provisions, shall thereby and from thenceforth become and be a citizen of the United States, and be entitled to all the privileges and immunities of such citizens, and shall, at the same time, retain all his rights to benefits accruing to Indians under this treaty.
ARTICLE 7. In order to insure the civilization of the Indians entering into this treaty, the necessity of education is admitted, especially of such of them as are or may be settled on said agricultural reservations, and they therefore pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school; and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children between said ages who can be induced or compelled to attend school, a house shall be provided and a teacher competent to teach the elementary branches of an English education shall be furnished, who will reside among said Indians, and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.
ARTICLE 8. When the head of a family or lodge shall have selected lands and received his certificate as above directed, and the agent shall be satisfied that he intends in good faith to commence cultivating the soil for a living, he shall be entitled to receive seeds and agricultural implements for the first year, not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm, for a period of three years more, he shall be entitled to receive seeds and implements as aforesaid, not exceeding in value twenty-five dollars.
And it is further stipulated that such persons as commence farming shall receive instruction from the farmer herein provided for, and whenever more than one hundred persons shall enter upon the cultivation of the soil, a second blacksmith shall be provided, with such iron, steel, and other material as may be needed.
ARTICLE 9. At any time after ten years from the making of this treaty, the United States shall have the privilege of withdrawing the physician, farmer, blacksmith, carpenter, engineer, and miller herein provided for, but in case of such withdrawal, an additional sum thereafter of ten thousand dollars per annum shall be devoted to the education of said Indians, and the Commissioner of Indian Affairs shall, upon careful inquiry into their condition, make such rules and regulations for the expenditure of said sum as will best promote the educational and moral improvement of said tribes.
ARTICLE 10. In lieu of all sums of money or other annuities provided to be paid to the Indians herein named, under any treaty or treaties heretofore made, the United States agrees to deliver at the agency-house on the reservation herein named, on or before the first day of August of each year, for thirty years, the following articles, to wit:
For each male person over fourteen years of age, a suit of good substantial woolen clothing, consisting of coat, pantaloons, flannel shirt, hat, and a pair of home-made socks.
For each female over twelve years of age, a flannel skirt, or the goods necessary to make it, a pair of woolen hose, twelve yards of calico, and twelve yards of cotton domestics.
For the boys and girls under the ages named, such flannel and cotton goods as may be needed to make each a suit as aforesaid, together with a pair of woolen hose for each.
And in order that the Commissioner of Indian Affairs may be able to estimate properly for the articles herein named, it shall be the duty of the agent each year to forward to him a full and exact census of the Indians, on which the estimate from year to year can be based.
And in addition to the clothing herein named, the sum of ten dollars for each person entitled to the beneficial effects of this treaty shall be annually appropriated for a period of thirty years, while such persons roam and hunt, and twenty dollars for, each person who engages in farming, to be used by the Secretary of the Interior in the purchase of such articles as from time to time the condition and necessities of the Indians may indicate to be proper. And if within the thirty years, at any time, it shall appear that the amount of money needed for clothing under this article can be appropriated to better uses for the Indians named herein, Congress may, by law, change the appropriation to other purposes; but in no event shall the amount of this appropriation be withdrawn or discontinued for the period named. And the President shall annually detail an officer of the Army to be present and attest the delivery of all the goods herein named to the Indians, and he shall inspect and report on the quantity and quality of the goods and the manner of their delivery. And it is hereby expressly stipulated that each Indian over the age of four years, who shall have removed to and settled permanently upon said reservation and complied with the stipulations of this treaty, shall be entitled to receive from the United States, for the period of four years after he shall have settled upon said reservation, one pound of meat and one pound of flour per day, provided the Indians cannot furnish their own subsistence at an earlier date. And it is further stipulated that the United States will furnish and deliver to each lodge of Indians or family of persons legally incorporated with them, who shall remove to the reservation herein described and commence farming, one good American cow, and one good well-broken pair of American oxen within sixty days after such lodge or family shall have so settled upon said reservation.
ARTICLE 11. In consideration of the advantages and benefits conferred by this treaty, and the many pledges of friendship by the United States, the tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside their reservation as herein defined, but yet reserve the right to hunt on any lands north of North Platte, and on the Republican Fork of the Smoky Hill River, so long as the buffalo may range thereon in such numbers as to justify the chase. And they, the said Indians, further expressly agree:
1st. That they will withdraw all opposition to the construction of the railroads now being built on the plains.
2d. That they will permit the peaceful construction of any railroad not passing over their reservation as herein defined.
3d. That they will not attack any persons at home, or travelling, nor molest or disturb any wagon-trains, coaches, mules, or cattle belonging to the people of the United States, or to persons friendly therewith.
4th. They will never capture, or carry off from the settlements, white women or children.
5th. They will never kill or scalp white men, nor attempt to do them harm.
6th. They withdraw all pretence of opposition to the construction of the railroad now being built along the Platte River and westward to the Pacific Ocean, and they will not in future object to the construction of railroads, wagon-roads, mail-stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the Government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of said commissioners to be a chief or head-man of the tribe.
7th. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte River, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes.
ARTICLE 12. No treaty for the cession of any portion or part of the reservation herein described which may be held in common shall be of any validity or force as against the said Indians, unless executed and signed by at least three-fourths of all the adult male Indians, occupying or interested in the same; and no cession by the tribe shall be understood or construed in such manner as to deprive, without his consent, any individual member of the tribe of his rights to any tract of land selected by him, as provided in article 6 of this treaty.
ARTICLE 13. The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths as herein contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons.
ARTICLE 14. it is agreed that the sum of five hundred dollars annually, for three years from date, shall be expended in presents to the ten persons of said tribe who in the judgment of the agent may grow the most valuable crops for the respective year.
ARTICLE 15. The Indians herein named agree that when the agency-house or other buildings shall be constructed on the reservation named, they will regard said reservation their permanent home, and they will make no permanent settlement elsewhere; but they shall have the right, subject to the conditions and modifications of this treaty, to hunt, as stipulated in Article 11 hereof.
ARTICLE 16. The United States hereby agrees and stipulates that the country north of the North Platte River and east of the summits of the Big Horn Mountains shall be held and considered to be unceded Indian territory, and also stipulates and agrees that no white person or persons shall be permitted to settle upon or occupy any portion of the same; or without the consent of the Indians first had and obtained, to pass through the same; and it is further agreed by the United States that within ninety days after the conclusion of peace with all the bands of the Sioux Nation, the military posts now established in the territory in this article named shall be abandoned, and that the road leading to them and by them to the settlements in the Territory of Montana shall be closed.
ARTICLE 17. It is hereby expressly understood and agreed by and between the respective parties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the effect, and shall be construed as abrogating and annulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indians as become parties to this treaty, but no further.
In testimony of all which, we, the said commissioners, and we, the chiefs and headmen of the Brulé' band of the Sioux nation, have hereunto set our hands and seals at Fort Laramie, Dakota Territory, this twenty-ninth day of April, in the year one thousand eight hundred and sixty-eight.
[signatures and marks removed in this recreation, but found here]

Treaty of Fort Laramie 1851

Below is the Text of the Treaty of Fort Laramie, agreed to by the United States, and the representatives from the following Plains Tribes: Sioux or Dahcotahs, Cheyennes, Arrapahoes, Crows, Assinaboines, Gros-Ventre Mandans, and Arrickaras.

This document is most important for the Lakotah Sioux struggle, as it defines the original boundaries of the Plains Indian nations, as well as establishes their sovereignty - as Congress could not make treaties unless with a recognized sovereign entity. Note that this treaty was ratified by the US Congress, and became the supreme law of the land in accordance with the US Constitution, article 6.

The payments for passage through their land was never received, and settlements from homesteaders on their land, mass hunting of buffalo, and mining violated the treaty. This led to events such as Red Cloud's War.

Previous posts have discussed declaration of sovereign land ownership by the Lakotah as well as SCOTUS rulings indicating that Congress and the Executive wrongly took ownership of sovereign Lakotah (and other tribes) land. Subsequent posts will provide further detail into historical treaties of national boundaries - and we will ultimately help build a case for the ultimate boundaries of the proposed Republic of Lakotah.

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TREATY OF FORT LARAMIE
September 17, 1851
Articles of a treaty made and concluded at Fort Laramie, in the Indian Territory, between D. D. Mitchell, superintendent of Indian affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, headmen, and braves of the following Indian nations, residing south of the Missouri River, east of the Rocky Mountains, and north of the lines of Texas and New Mexico, viz, the Sioux or Dahcotahs, Cheyennes, Arrapahoes, Crows, Assinaboines, Gros-Ventre Mandans, and Arrickaras, parties of the second part, on the seventeenth day of September, A.D. one thousand eight hundred and fifty-one. (a)

ARTICLE 1. The aforesaid nations, parties to this treaty, having assembled for the purpose of establishing and confirming peaceful relations amongst themselves, do hereby covenant and agree to abstain in future from all hostilities whatever against each other, to maintain good faith and friendship in all their mutual intercourse, and to make an effective and lasting peace.
ARTICLE 2. The aforesaid nations do hereby recognize the right of the United States Government to establish roads, military and other posts, within their respective territories.
ARTICLE 3. In consideration of the rights and privileges acknowledged in the preceding article, the United States bind themselves to protect the aforesaid Indian nations against the commission of all depredations by the people of the said United States, after the ratification of this treaty.
ARTICLE 4. The aforesaid Indian nations do hereby agree and bind themselves to make restitution or satisfaction for any wrongs committed, after the ratification of this treaty, by any band or individual of their people, on the people of the United States, whilst lawfully residing in or passing through their respective territories.
ARTICLE 5. The aforesaid Indian nations do hereby recognize and acknowledge the following tracts of country, included within the metes and boundaries hereinafter designated, as their respective territories, viz;
The territory of the Sioux or Dahcotah Nation, commencing the mouth of the White Earth River, on the Missouri River; thence in a southwesterly direction to the forks of the Platte River; thence up the north fork of the Platte River to a point known as the Red Buts, or where the road leaves the river; thence along the range of mountains known as the Black Hills, to the head-waters of Heart River; thence down Heart River to its mouth; and thence down the Missouri River to the place of beginning.
The territory of the Gros Ventre, Mandans, and Arrickaras Nations, commencing at the month of Heart River; thence up the Missouri River to the mouth of the Yellowstone River; thence up the Yellowstone River to the mouth of Powder River in a southeasterly direction, to the head-waters of the Little Missouri River; thence along the Black Hills to the head of Heart River, and thence down Heart River to the place of beginning.
The territory of the Assinaboin Nation, commencing at the mouth of Yellowstone River; thence up the Missouri River to the mouth of the Muscle-shell River; thence from the mouth of the Muscle-shell River in a southeasterly direction until it strikes the head-waters of Big Dry Creek; thence down that creek to where it empties into the Yellowstone River, nearly opposite the mouth of Powder River, and thence down the Yellowstone River to the place of beginning.
The territory of the Blackfoot Nation, commencing at the mouth of Muscle-shell River; thence up the Missouri River to its source; thence along the main range of the Rocky Mountains, in a southerly direction, to the head-waters of the northern source of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five Yard Creek; thence across to the head-waters of the Muscle-shell River, and thence down the Muscle-shell River to the place of beginning.
The territory of the Crow Nation, commencing at the mouth of Powder River on the Yellowstone; thence up Powder River to its source; thence along the main range of the Black Hills and Wind River Mountains to the head-waters of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five Yard Creek; thence to the head waters of the Muscle-shell River; thence down the Muscle-shell River to its mouth; thence to the head-waters of Big Dry Creek, and thence to its mouth.
The territory of the Cheyennes and Arrapahoes, commencing at the Red Bute, or the place where the road leaves the north fork of the Platte River; thence up the north fork of the Platte River to its source; thence along the main range of the Rocky Mountains to the head-waters of the Arkansas River; thence down the Arkansas River to the crossing of the Santa Fe' road; thence in a northwesterly direction to the forks of the Platte River, and thence up the Platte River to the place of beginning.
It is, however, understood that, in making this recognition and acknowledgement, the aforesaid Indian nations do not hereby abandon or prejudice any rights or claims they may have to other lands; and further, that they do not surrender the privilege of hunting, fishing, or passing over any of the tracts of country heretofore described.
ARTICLE 6. The parties to the second part of this treaty having selected principals or head-chiefs for their respective nations, through whom all national business will hereafter be conducted, do hereby bind themselves to sustain said chiefs and their successors during good behavior.
ARTICLE 7. In consideration of the treaty stipulations, and for the damages which have or may occur by reason thereof to the Indian nations, parties hereto, and for their maintenance and the improvement of their moral and social customs, the United States bind themselves to deliver to the said Indian nations the sum of fifty thousand dollars per annum for the term of ten years, with the right to continue the same at the discretion of the President of the United States for a period not exceeding five years thereafter, in provisions merchandise, domestic animals, and agricultural implements, in such proportions as may be deemed best adapted to their condition by the President of the United States, to be distributed in proportion to the population of the aforesaid Indian nations.
ARTICLE 8. It is understood and agreed that should any of the Indian nations, parties to this treaty, violate any of the provisions thereof, the United States may withhold the whole or a portion of the annuities mentioned in the preceding article from the nation so offending, until, in the opinion of the President of the United States, proper satisfaction shall have been made.
In testimony whereof the said D. D. Mitchell and Thomas Fitzpatrick commissioners as aforesaid, and the chiefs, headmen, and braves, parties hereto, have set their hands and affixed their marks, on the day and at the place first above written.

D. D. Mitchell , Thomas Fitzpatrick Commissioners.

Sioux:Mah-toe-wha-you-whey, his x mark,
Mah-kah-toe-zah-zah, his x mark,
Bel-o-ton-kah-tan-ga, his x mark,
Nah-ka-pah-gi-gi, his x mark,
Mak-toe-sah-bi-chis, his x mark,
Meh-wha-tah-ni-hans-kah, his x mark,

Cheyennes:Wah-ha-nis-satta, his x mark,
Voist-ti-toe-vetz, his x mark,
Nahk-ko-me-ien, his x mark,
Koh-kah-y-wh-cum-est, his x mark,

Arrapahoes:Be-ah-te‚-a-qui-sah, his x mark,
Neb-ni-bah-seh-it, his x mark,
Beh-kah-jay-beth-sah-es, his x mark,

Crows:Arra-tu-ri-sash, his x mark,
Doh-chepit-seh-chi-es, his x mark,

Assinaboines:Mah-toe-wit-ko, his x mark,
Toe-tah-ki-eh-nan, his x mark,

Mandans and Gros Ventres:Nochk-pit-shi-toe-pish, his x mark,
She-oh-mant-ho, his x mark,

Arickarees:Koun-hei-ti-shan, his x mark,
Bi-atch-tah-wetch, his x mark,
In the presence of---
A. B. Chambers, secretary.S. Cooper, colonel, U. S. Army.R. H. Chilton, captain, First Drags.Thomas Duncan, captain, Mounted Rifiemen.Thos. G. Rhett, brevet captain R. M. R.W. L. Elliott, first lieutenant R. M. R.C. Campbell, interpreter for Sioux.John S. Smith, interpreter for Cheyennes.Robert Meldrum, interpreter for the Crows.H. Culbertson, interpreter for Assiniboines and Gros Ventres.Francois L'Etalie, interpreter for Arickarees.John Pizelle, interpreter for the Arrapahoes.B. Gratz Brown.Robert Campbell.Edmond F. Chouteau.
(a) This treaty as signed was ratified by the Senate with an amendment changing the annuity in Article 7 from fifty to ten years, subject to acceptance by the tribes. Assent of all tribes except the Crows was procured (see Upper Platte C., 570, 1853, Indian Office) and in subsequent agreements this treaty has been recognized as in force.

Wednesday, December 10, 2008

Crimes Against Humanity on US Soil?

Forget US government bail-outs, presidential appointments, scandalous Illinois politicians, the stock market, or US consumer indexes... just for a moment... and contemplate this thought: The United States has grossly failed in Native American Policies.

A fate which in America means worse than being a black slave of old, being a Native of America. It is an identity that, even today, draws the ire of most Americans. Indians, especially those living on the US concentration camps, called reservations, are labelled as drunks, people who need to be "Americanized", or who have otherwise been cast aside to be warehoused on the reservations. It is the great tragedy of US history - and of US current!

In late November, I reported on a declaration of emergency coming out of the Lakotah areas of SD, after the state's US government declared emergency for the entire state, but did not send aid to the most impoverished and most harshly affected areas of the state - the Lakotah Reservations, namely Pine Ridge. Similarly, others' reports of this internal call for aid resulted in relief to the area, and the accounting for many of the missing or stranded elderly Sioux. The lack of state response is another echo of failed policies with regards to the Native Peoples.

I had to ask myself the question - What is the root cause of the failed policies in the US with regards to the Native American people? So to start, I would like to propose a question to my readers - generically, how do you view native americans? I say generically, because when I say Indian or Native American, is your first thought a reservation Indian, an Indian in picturesque head-dress, rich with culture, or in poverty as a part of the anti-culture?


I view native people, and their culture, very favorably. Just as I believe that Europeans and other old-worlders are unique because they embrace their own regional cultures and traditions, Americans have a unique identity in the ability to embrace not just their European (or other) culture, but to also embrace the culture of the natives on whose land they now call their home. For instance, over the last 20 years, Seattle and the Pacific Northwest has seen a resurgence in embracing the cultures of the pacific coastal natives. It is celebrated in a culture that has become uniquely "northwest", and has opened a celebration of the once persecuted tribes, teaching history and culture to children - both on and off reservation. It has become a unique regional identity. Such an openness in the Northwest has allowed tribes to openly teach their traditions, culture, and language - doing so, for the first time since settlement, with pride and basic human dignity.

The same can largely be said for the Navajo - whose culture is openly embraced by locals and those throughout the region - most notably for their art and beautiful traditional jewelry.

Unfortunately, the embrace of the Native Cultures stops there... In fact, in regards to the Sioux, there is still a policy of racial persecution, extermination of culture and language, and the disregard for basic human dignity... the very definition of Crimes Against Humanity.
In public international law, a crime against humanity is an act of persecution or any large-scale atrocity against a body of people, and is the highest level of
criminal offense.

The
Rome Statute Explanatory Memorandum states that crimes against humanity "are particularly odious offences in that they constitute a serious attack on human
dignity
or grave humiliation or a degradation of one or more human beings.
They are not isolated or sporadic events, but are part either of a government
policy (although the perpetrators need not identify themselves with this policy)
or of a wide practice of atrocities tolerated or condoned by a government or a
de facto authority
The Sioux were the main target/adversary of the US' "Indian War" in the plains - a policy of invasion, occupation, murder, and forced imprisonment aimed at exterminating the Indian Culture, and the Sioux resistance to foreign persons destroying their food source, stealing their rightfully owned precious metals and other natural resources, and directly violating treaties signed with the US (Laramie 1851, 1868). The Sioux fought the US because they had broken their treaties... The US fought for the idea of Manifest Destiny. Such acts are considered Crimes Against Humanity by the ICC:

For the purpose of this Statute, "crime against humanity" means any of the
following acts when committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the attack
:
(a)
Murder;
(b)
Extermination;
(c)
Enslavement;
(d) Deportation or forcible transfer of population;
(e)
Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f)
Torture;
(g)
Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i)
Enforced disappearance of persons;
(j) The
crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Of course the common answer is that the Indians are free to live on or leave the reservations - and their poverty is of their own free will - therefore the Persecution is self imposed.

This is the very mindset that reinforces continued crimes against human dignity! And it is the thought of many or most Americans - as is reflected in our policies.

The very existence of the Bureau of Indian Affairs is a teeter on the brink of Apartheid - considering the fact that Indian Nations are free and sovereign, but are regulated by the US government. It is an agency which disallows the ability for Native Tribes to encourage ownership and private property economic growth on the reservations - as lands are held "in trust" for the tribe... forced socialism, forced poverty for those on the reservation.

In UNITED STATES v. SIOUX NATION OF INDIANS, 448 U.S. 371 (1980), The SCOTUS determined that the US government had wrongly taken Sioux land through acts of Congress after the 1868 Laramie Treaty, and in violation of such treaty, demanding just compensation for the land taken under Amendment 5 of the US Constitution. The Sioux refused, and continue to refuse payment for the lands - demanding, instead, for the return of lands protected by the treaty with the United States - outlining a free and independent nation for the Sioux.

Under a Free and Independent nation, Sioux would be free to operate independently from US regulations and taxation (though they are currently free from taxation - businesses within Sioux Lands would be freed from US Corporate Taxes) creating tax havens similar to Switzerland, Private Property and land ownership would be regulated by the tribe and not held in "limbo trust" by the US government - this would allow entrepreneurship to take root, not limiting their ability to casinos and liquor. The opportunities are endless, and the Republic of Lakotah movement is working to advocate for the free market investment in such a free and independent nation, as promised by the treaties (and acknowledged by the courts).

Where some argue that reservations should be eradicated, land placed on the free market, and Indian assimilation finally be complete (Kevin Tracy), I argue that the US live up to the treaties, respecting the sovereignty of the Native peoples (especially the Sioux which have held to not accepting a dime of payment for their land, furthering the case that they hold in that their land was illegally taken) - in doing so, the United States would be ending a centuries old violation of crimes against humanity, and finally making good with the original inhabitants of this great land.